Independent Outside Consultant?

Posted By
The Gilbert Law Group

Toyota’s choice of an “independent” company to investigate
its acceleration problem was as interesting as it was predictable. Toyota
turned to Exponent, the company the auto industry has turned to for decades
for one purpose: To “prove” there is no problem, whether there
is a problem or not. Let’s look at Exponent’s credits:

Exponent has helped defend notoriously defective products for decades.
While it jealously guards information about its benefactors, it has been
forced to admit in lawsuits that it has been paid tens of millions of
dollars by car companies alone. It likewise regularly defends polluters
against claims their contaminants were injuring people.

It reportedly awards its employees based on “success” defined
as helping win lawsuits.

It was hired to investigate Toyota speed control issues not by concerned
engineers and managers, but by Toyota’s product defect defense lawyers.
This will arguably allow Toyota to selectively disclose what it turns
over to government investigators, and to hide anything it deems unhelpful
by labeling it attorney work product.

We’ll report back when Toyota provides information answering one
congressman’s question about how much money Toyota has paid Exponent
over the years.
This is Toyota’s “independent” outside analysis? I do
not think Toyota can point to a single company in the world less independent,
or with less of a commitment to defending its client’s products,
no matter what the facts.
- Stuart Ollanik
Related posting:
“Toyota’s ‘Independent’ Investigation Not So Independent,”
Product Liability Blog Apr. 2, 2010